Explained | Rules for identifying criminals

Source: The post is based on the article “Explained | Rules for identifying criminalspublished in The Hindu on 22nd September 2022

What is the News?

The Ministry of Home Affairs (MHA) notified the rules governing The Criminal Procedure (Identification) Act, 2022.

What is Criminal Procedure (Identification) Act, 2022?

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What are the key rules notified under the Act?

Data of people arrested under offences related to elections (Chapter IXA of the Indian Penal Code) and offences related to contempt or disobedience of public servants authority (Chapter X of the IPC) can only be taken with the prior written approval of a police officer, not below the rank of a superintendent of police.

People charged for violating prohibitory orders or detained for disturbing the peace under section 144 or 145 of the Criminal Procedure Code, 1973(CrPC) will not be obliged to give their measurements unless they are charged or arrested in connection with any other offence punishable under any other law during that period.

Measurements of people against whom preventive action has been initiated under sections 107, 108, 109 or 110 of the CrPC (pertaining to various offences related to public peace) “shall not be taken” unless the person is ordered to give security for his good behaviour or maintaining peace under section 117 of CrPC. 

Note: Under Section 117, a magistrate has the power to order a person to give security for good behaviour.

Who will be the repository of the data?

The National Crime Records Bureau(NCRB) under MHA will be the one-stop agency for storing and preserving the data of arrested persons. 

The State governments can also store the data, but they shall provide compatible application programming interfaces for sharing the measurements or record of measurements with the NCRB.

What are the provisions for the destruction of records in case a suspect is acquitted?

The procedure for the destruction and disposal of records is yet to be specified by the NCRB. 

The rules state that any request for destruction of records shall be made to the Nodal Officer who is to be nominated by the respective State Government. The nodal officer will recommend the destruction after verifying that such a record of measurements is not linked with any other criminal cases.

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